# The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015, Paragraph 5: Decision to impose a variable monetary penalty


(1) SEPA must, after the end of the period for making written representations, decide whether to impose a variable monetary penalty and, if so, the amount of the penalty.
(2) In making that decision, SEPA must—
(a) have regard to any representations made in accordance with paragraph 4; and
(b) take into account any VMP undertaking accepted by it.

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Source: https://www.legislation.gov.uk/sdsi/2015/9780111029466/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.